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Ordinance 2017-47 JD i=B E& I LE 011 1 L-E:T T'I= RECORDER - KENDALL COUNTY, IL RECORDED: 5/22/2818 11:34 AN ORDI: 39.88 RHSRS FEE: 18.88 RAGES: 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2017-47 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,APPROVING THE ZONING INTO THE B-3 GENERAL BUSINESS DISTRICT FOR THE PROPERTY LOCATED AT 1107 MCHUGH ROAD AND 9230 ROUTE 34 (Casey's General Store) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 12'h day of September,2017 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,IL,60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on May 15,2018. Ordinance No.2017-4T AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,APPROVING THE ZONING INTO THE B-3 GENERAL BUSINESS DISTRICT FOR THE PROPERTY LOCATED AT 1107 McHUGH ROAD AND 9230 ROUTE 34 (Casey's General Store) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Casey's Retail Company, the owner (the "Owner") of property with Property Index Numbers and legally described in Section 2 (the "Subject Property") has petitioned for annexation of the Subject Property. WHEREAS, Owner has filed a petition seeking to zone the Subject Property into the City's B-3 General Business District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on the 12th day of July, 2017, to consider the zoning after publication of notice and notice to property owners within five hundred(500) feet of the Subject Property; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-7B5 and made findings of fact and recommendation to the Mayor and City Council (the"Corporate Authorities") for approval of the zoning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve the zoning of the Subject Property, legally described as: Ordinance No.2017- 4 ! Page 2 1107 McHugh Road I PIN# 02-28-252-008 THAT PART OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SOUTHEAST 1/4 OF SAID SECTION 28, 40 LINKS EAST OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 11 1/2 DEGREES EAST 34.82 CHAINS TO AN ANGLE IN THE CENTER LINE OF THE OSWEGO ROAD; THENCE NORTH 53 DEGREES 35 MINUTES EAST ALONG THE CENTER LINE OF SAID OSWEGO ROAD 912.64 FEET FOR A POINT OF BEGINNING; THENCE NORTH 53 DEGREES 35 MINUTES EAST ALONG THE CENTER LINE OF SAID ROAD 75 FEET; THENCE NORTH 35 DEGREES 33 MINUTES WEST 200 FEET; THENCE SOUTH 53 DEGREES 33 MINUTES EAST 200 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 9230 Route 34 1 PIN# 02-28-252-026 THAT PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION, 40 LINKS (26.40 FEET) EAST OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 11 DEGREES 30 MINUTES 00 SECONDS EAST 34.82 CHAINS (2298.12 FEET) TO AN ANGLE IN THE CENTER LINE OF OSWEGO ROAD (PRESENTLY KNOWN AS MCHUGH ROAD); THENCE NORTH 53 DEGREES 35 MINUTES 00 SECONDS EAST ALONG THE CENTER LINE OF OSWEGO ROAD 111.54 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 07 DEGREES 30 MINUTES 00 SECONDS EAST 608.90 FEET TO A POINT WHICH IS 340.00 FEET SOUTHERLY OF (AS MEASURED ALONG THE LAST DESCRIBED LINE EXTENDED) THE CENTER LINE OF U.S. ROUTE 34 (S.B.I. ROUTE NO. 18); THENCE EASTERLY PARALLEL WITH THE CENTER LINE OF U.S. ROUTE 34 A DISTANCE OF 334.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 07 DEGREES 30 MINUTES 00 SECONDS EAST 310.00 FEET TO THE SOUTHERLY LINE OF SAID U.S. ROUTE 34; THENCE SOUTH 83 DEGREES 27 MINUTES 03 SECONDS EAST 179.50 FEET ALONG SAID SOUTHERLY LINE TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE WHICH CURVES TO THE LEFT, HAVING A RADIUS OF 1462.39 FEET FOR AN ARC DISTANCE OF 121.00 FEET; THENCE SOUTH 07 DEGREES 00 MINUTES 00 SECONDS 316.09 FEET TO THE CENTER LINE OF OSWEGO ROAD; THENCE SOUTH 53 DEGREES 35 MINUTES 00 SECONDS WEST ALONG SAID CENTER LINE 12.52 FEET TO A POINT THAT IS 876.10 FEET NORTHEASTERLY OF POINT "A" AFORESAID; THENCE NORTH 35 DEGREES 33 MINUTES 00 SECONDS WEST 200.00 FEET; THENCE SOUTH 53 DEGREES 35 MINUTES 00 SECONDS WEST PARALLEL WITH THE CENTER LINE OF SAID OSWEGO ROAD 203.15 FEET TO A LINE Ordinance No.2017- T7 Page 3 DRAWN EASTERLY, PARALLEL WITH THE CENTER LINE OF SAID U.S. ROUTE 34 FROM THE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PARALLEL LINE 11.00 FEET TO THE POINT OF BEGINNING. EXCEPT THE WESTERLY 104.98 FEET AS MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THAT PART OF THE LAND CONVEYED BY TRUSTEE'S DEED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION RECORDED DECEMBER 23, 2014 AS DOCUMENT NO. 201400018028. into the City's B-3 General Business District. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the U ited City of Yorkville, Kendall County, Illinois this day of S� G 2017. CITY CLERK CARLO COLOSIMO KEN KOCH Y JACKIE MILSCHEWSKI ARDEN JOE PLOCHER �— CHRIS FUNKHOUSER � JOEL FRIEDERS SEAVER TARULIS ALEX HERNANDEZ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this o? day of -APRIL ,20 T. ao�g ati9 MAYOR Ordinance No.2017- 7 Page 4